JOHN OKELLO NGONG VS AGNES ADHIAMBO MWALO(being sued as the legal representative of the estate of mariko mwalo odero (deceased) AND ERICK ODHIAMBO ABANG

1. By a Notice of Motion application dated 11th June 2024, the firm of H Obach & Partners Advocates for the proposed applicant is seeking orders that the said applicant to substitute the applicant, leave to amend the originating summons in consonance with the aforesaid application and  costs be in the cause.
2. The application duly served, has not been responded to to-date.
3. So, Ms B Ochieng learned counsel instructed by H. Obach and Partners Advocates, has urged the court to allow the application.
4. Having considered the entire application inclusive of the affidavit in support of it and a Limited grant of letters of Administration (HO-1) annexed to the affidavit revealing that the applicant passed on coupled with the ends of justice which is the ultimate goal of this court, I find the application meritorious.
5. In the result, the application is allowed in terms of 1st, 2nd and 3ed prayers for the substitution of the applicant, amendment of the originating summons and costs of the same be in the cause respectively as stated in paragraph 1 hereinabove.
6. The amended originating summons be filed and served within the next fourteen days from this date and any reply thereto be filed and served within fourteen days from the date of service of the amended originating summons.
7. Hearing of the suit is fixed for 15^th October 2024.
8. It is so ordered

DATED and DELIVERED VIRTUALLY at Homa Bay this 23^rd day of July 2024

GEORGE M A ONGONDO

JUDGE

PRESENT;

Ms B. Ochieng learned counsel for the proposed applicant

Mr T. Luanga court assistant